It's funny... I also immediately noticed the design resemblance, only thing it doesn't replicate is the short pause the seconds ticker marks before moving the minutes hand, but other than that this design is quite famous and a mark of pride for the Swiss Federal Rail Service (every single station has these on each track).
They can just drop the useless iPad app and be done with this complaint. Why the hell introduce it in the first place?
Stealing from the Swiss is a habit: we pay up to 50% more for Apple's products and services than the US consumer...
Not an exact copy. The proportions of the lines and hands of the clock are not identical.
I hope Schweizerische Bundesbahnen has a patent, first one to the patent office wins. Knowing Apple they already have a patent and will be suing. Just saying..
Wow, look at all you armchair attorneys here getting it wrong. OMG LOL the CLOCKS look the SAME it's COPYING Apple owes Switzerland a BEELEEON DOLALRS OMG LOL case CLOSED! Whoa there, Nelly. We aren't nearly that far along yet.
The clock is clearly a copy. No question about it, and no the relative widths of the hour marks and such don't matter -- taken it its totality, there is no question that it is the same design. However, it may or may not be infringement, and even if it is infringement, it may be legal. There are a number of bases by which this could be the case:
1. Applicable copyrights/patents may have expired, or may not have applied in certain territories central to Apple's use.
2. Prior art may exist that invalidates applicable copyrights/patents, despite the latter having been successfully asserted in the interim-- see the two cases of RKO Pictures vs. Universal (Universal wins on claim that King Kong is public domain and not a protectible RKO copyright) and then Universal vs. Nintendo (Nintendo uses RKO outcome to win against claim that Donkey Kong infringes a Universal copyright for King Kong) for an example of this particular chain of events.
3. Apple may own some entity that owns the rights to applicable copyrights/patents for the clock face, or may in the past have licensed those rights themselves. The SRR spokesperson may not have confirmed with the Swiss Attorney General (or whomever would handle this) on whether this is the case.
4. The one the Samsung folks hate: The design elements might be inseparable from the functional elements, and thus not protectible. Granted, after the Apple v. Samsung outcome, it seems like Apple won on this basis on some pretty broad design IP, but the courts, believe it or not, do hear and decide regularly on distinctions much more granular. It doesn't have to be the ribbon bike rack for this factor to apply.
5. Because iOS 6 is offered free of charge and the smartphone market is not especially closely tied to the rail transportation market, Apple's use of the design IP might be infringing but still constitute fair use under 17 USC 107. There is a four-factor balancing test that a court would apply, based on the "Oh, Pretty Woman" case of Campbell v. Acuff-Rose.
6. Other IP law provisions, domestic and international, may apply.
Or, of course, this might.... [edited out by me]
Theft is theft? Maybe the Swiss should finally give back all of the Jewish art, gold etc that the Nazi's stole. There's no denying that either, unless you're Swiss...
I think Apple should definitely pay for the license, provided they aren't asking some ridiculous amount. It definitely looks like the iPad clock used this as reference/inspiration. But then again, does the look of that clock fall under the Creative Commons license? I actually really liked the look of the clock on my iPad. But if the Swiss Railway are going to ask for an exorbitant amount of money, then I wouldn't pay them a dime. It's not like they are eating into their sales by using that design.
It's already patented by the creator, Hans Hilfiker...
Please get your history straight, it was not the Nazi's who hoarded the Jewish art, gold, etc., in Switzerland, it was the property of Jewish people, mostly holocaust victims who stored their valuables in Swiss banks. the banks after WWII set the requirements for the heirs to retrieve their families valuables so high (need for a death certificate, etc.), that it was almost impossible to retrieve them.
In 1998, the Swiss banks agreed to pay $1.25 billion in restitution to the Jewish World Congress.
Certainly, not one of our proudest moments in history ... and yes, I'm Swiss.
I am not a lawyer but i know SBB is a government institution and as such I believe they can not own the design. Its like the US charging everybody for the reprinting of their flag.
Well... the gray background in both pictures is used extensively in my home. I think I'll sue both Switzerland and Apple.![]()
The hour marks are thicker and the minute marks are much thinner on Apple's design. Actually the swiss version looks better
It's already patented by the creator, Hans Hilfiker...